Solicitor General Jose Calida. GRIG C. MONTEGRANDE / Philippine Daily Inquirer FILE PHOTO
In his final chance to sway the Supreme Court, Solicitor General Jose Calida told the high court it had “no power” to compel Congress to jointly convene for the purpose of reviewing President Rodrigo Duterte’s declaration of martial law in Mindanao on May 23.
In a brief submitted to the Supreme Court on Tuesday, Calida stressed that a “plain reading” of the Constitution showed Congress had to convene only if the legislators would revoke or extend the martial law declaration.
“It is clear that under the separation of powers, courts may not intervene in the internal affair of the legislature; it is not within the province of courts to direct Congress how to do its work,” the solicitor general said.
“A plain reading of the Constitution will readily illustrate that it does not impose a duty upon Congress to convene in joint session to determine the validity of the declaration of martial law and suspension of the privilege of the writ of habeas corpus,” Calida argued.
He said that it was only in cases of revocation, or extension of the proclamation or suspension of the said writ, that Congress would be required “to vote jointly.”
Calida then asked the high tribunal to dismiss the petitions filed by groups led by former Senators Rene Saguisag and Wigberto Tañada.